AMENDED NOTICE OF CONFIRMATION OF A COMPULSORY PURCHASE ORDERNotice ID: AC3578464
St Helens Council
AMENDED NOTICE OF CONFIRMATION OF A COMPULSORY PURCHASE ORDER
THE ST HELENS (RODNEY STREET) COMPULSORY PURCHASE ORDER 2014
THE HOUSING ACT 1985 AND THE ACQUISITION OF LAND ACT 1981
The notice below, which was originally published on 25th May 2017, is amended with respect to The Schedule only, with the effect that the Order relates to the Leasehold interest in 49 Rodney Street, St Helens, Merseyside, WA10 4HB only.
1. Notice is hereby given that the Secretary of State for Communities and Local Government, in exercise of his powers under the above Acts, on 15th March 2017 confirmed the St Helens (Rodney Street) Compulsory Purchase Order 2014 ("the Order") submitted by the St Helens Borough Council ("the Council").
2. The Order as confirmed provides for the purchase for the purposes of securing the property for housing use the land described in the Schedule.
3. A copy of the Order as confirmed by the Secretary of State and of the map referred to therein have been deposited at the St Helens Borough Council Town Hall Reception, Victoria Square, St Helens, Merseyside, WA10 1HP and may be seen at all reasonable hours.
4. The Order as confirmed becomes operative on the date on which this notice is first published. A person aggrieved by the order may, by application to the High Court within 6 weeks from that date, challenge its validity under section 23 of the Acquisition of Land Act 1981. The grounds for challenge can be that the authorisation granted by the order is not empowered to be granted or that there has been a failure to comply with any relevant statutory requirement relating to the order.
LAND COMPRISED IN THE ST HELENS (RODNEY STREET) COMPULSORY ORDER 2014 The Leasehold interest in no. 49 Rodney Street, St Helens, Merseyside, WA10 4HB FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 Power to make a general vesting declaration
1. Once the St Helens (Rodney Street) Compulsory Purchase Order 2014 has become operative, St Helens Borough Council may acquire any of the land described in the Schedule by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in St Helens Borough Council at the end of the period mentioned in paragraph 2 below.
Notices concerning the general vesting declaration
2. As soon as may be after St Helens Borough Council execute a general vesting declaration, they must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described I paragraph 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in the confirmation notice of the order. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than 3 months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in St Helens Borough Council together with the right to enter on the land and take possession of it. Every person on whom St Helens Borough Council could have served a notice to treat in respect of his interest in the land (other than a tenant under one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.
3. The "vesting date" for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the Act within that period. In such circumstances, the vesting date for the land which is the subject of a counter-notice will be determined in accordance with Schedule A1.
Modifications with respect to certain tenancies
4. In the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either "a minor tenancy" i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or "a long tenancy which is about to expire". The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or to terminate it is available to either party it shall be assumed that the landlord will take every opportunity open to him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.
5. The modifications are that the Acquiring Authority may not exercise the right of entry referred to in paragraph 2, in respect of land subject to a tenancy described in paragraph 4 unless they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their intention to enter and take possession after the period (not less than 3 months from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.
6. Every person who, if a general vesting declaration were made in respect of all the land comprised in the order (other than land in respect of which a notice to treat has been given), would be entitled to claim compensation in respect of any such land and is invited to give information to the Acquiring Authority making the declaration in the prescribed form with respect to his name and address and the land in question.
FORM FOR GIVING INFORMATION THE ST HELENS (RODNEY STREET) COMPULSORY PURCHASE ORDER 2014
To: Mark Fisher (Principal Solicitor), St Helens Borough Council, Town Hall, Victoria Square, St
Helens, Merseyside, WA10 1HP
(I)/(We) being (a person) (persons) who, if a general vesting declaration were made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the compulsory purchase order cited above in respect of which a notice to treat has not been given, would be entitled to claim compensation in respect of (all) (part of) that land, give you the following information, pursuant to the provisions of section 15 of, or paragraph 6 of Schedule 1, to the Acquisition of Land Act 1981. 1. Name and address of informant(s)
2. Land in which an interest is held by informant(s)
3. Nature of interest
Signed (on behalf of)
(I) In the case of a joint interest insert the names and addresses of all the informants
(II) The land should be described concisely
(III) If the interest is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other incumbrance, details should be given e.g. the name of building society and roll number
Date: 22nd June 2017
Signature: Jan Bakewell
Head of Legal Services
Town Hall, Victoria Square, St Helens
Merseyside WA10 1HP